Emergencies Act (R.S.C., 1985, c. 22 (4th Supp.))

Act current to 2014-09-15 and last amended on 2003-07-02. Previous Versions

PART IIIINTERNATIONAL EMERGENCY

Interpretation

Marginal note:Definitions

 In this Part,

“declaration of an international emergency”

« déclaration d’état de crise internationale »

“declaration of an international emergency” means a proclamation issued pursuant to subsection 28(1);

“international emergency”

« état de crise internationale »

“international emergency” means an emergency involving Canada and one or more other countries that arises from acts of intimidation or coercion or the real or imminent use of serious force or violence and that is so serious as to be a national emergency.

Declaration of an International Emergency

Marginal note:Declaration of an international emergency
  •  (1) When the Governor in Council believes, on reasonable grounds, that an international emergency exists and necessitates the taking of special temporary measures for dealing with the emergency, the Governor in Council, after such consultation as is required by section 35, may, by proclamation, so declare.

  • Marginal note:Contents

    (2) A declaration of an international emergency shall specify

    • (a) concisely the state of affairs constituting the emergency; and

    • (b) the special temporary measures that the Governor in Council anticipates may be necessary for dealing with the emergency.

Marginal note:Effective date
  •  (1) A declaration of an international emergency is effective on the day on which it is issued, but a motion for confirmation of the declaration shall be laid before each House of Parliament and be considered in accordance with section 58.

  • Marginal note:Expiration of declaration

    (2) A declaration of an international emergency expires at the end of sixty days unless the declaration is previously revoked or continued in accordance with this Act.

Orders and Regulations

Marginal note:Orders and regulations
  •  (1) While a declaration of an international emergency is in effect, the Governor in Council may make such orders or regulations with respect to the following matters as the Governor in Council believes, on reasonable grounds, are necessary for dealing with the emergency:

    • (a) the control or regulation of any specified industry or service, including the use of equipment, facilities and inventory;

    • (b) the appropriation, control, forfeiture, use and disposition of property or services;

    • (c) the authorization and conduct of inquiries in relation to defence contracts or defence supplies as defined in the Defence Production Act or to hoarding, overcharging, black marketing or fraudulent operations in respect of scarce commodities, including the conferment of powers under the Inquiries Act on any person authorized to conduct such an inquiry;

    • (d) the authorization of the entry and search of any dwelling-house, premises, conveyance or place, and the search of any person found therein, for any thing that may be evidence relevant to any matter that is the subject of an inquiry referred to in paragraph (c), and the seizure and detention of any such thing;

    • (e) the authorization of or direction to any person, or any person of a class of persons, to render essential services of a type that that person, or a person of that class, is competent to provide and the provision of reasonable compensation in respect of services so rendered;

    • (f) the designation and securing of protected places;

    • (g) the regulation or prohibition of travel outside Canada by Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and of admission into Canada of other persons;

    • (h) the removal from Canada of persons, other than

      • (i) Canadian citizens,

      • (ii) permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and

      • (iii) protected persons within the meaning of subsection 95(2) of that Act who are not inadmissible under that Act on grounds of

        • (A) security, violating human or international rights or serious criminality, or

        • (B) criminality and who have not been convicted of any offence under any Act of Parliament for which a term of imprisonment of more than six months has been imposed, or five years or more may be imposed;

    • (i) the control or regulation of the international aspects of specified financial activities within Canada;

    • (j) the authorization of expenditures for dealing with an international emergency in excess of any limit set by an Act of Parliament and the setting of a limit on such expenditures;

    • (k) the authorization of any minister of the Crown to discharge specified responsibilities respecting the international emergency or to take specified actions of a political, diplomatic or economic nature for dealing with the emergency; and

    • (l) the imposition

      • (i) on summary conviction, of a fine not exceeding five hundred dollars or imprisonment not exceeding six months or both that fine and imprisonment, or

      • (ii) on indictment, of a fine not exceeding five thousand dollars or imprisonment not exceeding five years or both that fine and imprisonment,

      for contravention of any order or regulation made under this section.

  • Marginal note:Restriction

    (2) The power under subsection (1) to make orders and regulations, and any powers, duties or functions conferred or imposed by or pursuant to any such order or regulation,

    • (a) shall be exercised or performed

      • (i) in a manner that will not unduly impair the ability of any province to take measures, under an Act of the legislature of the province, for dealing with an emergency in the province, and

      • (ii) with the view of achieving, to the extent possible, concerted action with each province with respect to which the power, duty or function is exercised or performed; and

    • (b) shall not be exercised or performed for the purpose of censoring, suppressing or controlling the publication or communication of any information regardless of its form or characteristics.

  • R.S., 1985, c. 22 (4th Supp.), s. 30;
  • 1992, c. 49, s. 125;
  • 2001, c. 27, s. 249.